This document is a motion filed by the defense attorney Ruth C. Rose seeking pre-trial discovery from the prosecution related to two police officers - Deputy Clotworthy and Sergeant Smith - who were involved in the arrest of the defendant Belvin Pugh. The motion requests access to complaints against the officers, any discipline imposed as a result of investigations into complaints, and any other exculpatory or impeaching evidence within the meaning of Brady v. Maryland. It also seeks information from any civil service commission hearings involving the officers related to the alleged misconduct. The motion is made on the grounds that the defendant denies the version of events described in the police report and contends the officers falsified probable cause, and this discovery could provide impeach
Sample California motion to strike complaintLegalDocsPro
This sample motion to strike portions of a complaint for California was created by a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years.
Sample California demurrer to complaint for breach of contractLegalDocsPro
This sample California demurrer to a complaint for breach of contract and common counts is made on the grounds that the causes of action fail to state sufficient facts as it cannot be ascertained whether any contract was written, oral or implied by conduct, no contract is attached and on other grounds as well. This is a preview of the 12 page sample sold on scribd.com by LegalDocsPro which includes a memorandum of points and authorities with citations to case law and statutory authority and a proof of service by mail.
Sample motion to vacate judgment for fraud on the court under rule 60(d)(3)LegalDocsPro
This sample motion to vacate a judgment for fraud on the Court is made pursuant to Rule 60(d)(3) of the Federal Rules of Civil Procedure on the grounds that a judgment was obtained through fraud on the Court, The sample can be used in any Distsrict Court within the jurisdiction of the Ninth Circuit Court of Appeals. The sample on which this preview is based is 9 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, a sample declaration and proof of service by mail. The author is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995.
Sample opposition to order to show cause for civil contempt in CaliforniaLegalDocsPro
This sample opposition to an order to show cause for civil contempt in California is made on the grounds that (1) the opposing party has not willfully violated the terms of any Court orders, (2) the party charging them with contempt has failed to meet their burden of proving their guilt beyond a reasonable doubt in that they have failed to submit competent evidence that would support a finding that they willfully violated the TRO, which is an essential element of a finding of contempt. The sample opposition also requests that the Court hold a full and fair evidentiary hearing in which they are allowed to confront and cross-examine all witnesses against them. The sample on which this preview is based is 10 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service. The author is a legal entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample california demand for copies of pleadingsLegalDocsPro
This sample demand for copies of pleadings in California is used when a party has just filed an appearance in a case, and wants to request that all oher parties, particularly all adverse parties, to serve them with copies of all pleadings, including motions and discovery requests and responses served in the case prior to their appearance. The demand is made pursuant to Code of Civil Procedure Section 465.
Sample opposition to motion to vacate in California with an attorney affidavi...LegalDocsPro
This sample opposition to California motion to vacate judgment with an attorney affidavit of fault is used to oppose a motion made under the mandatory attorney affidavit of fault provisions of Code of Civil Procedure section 473(b) on several grounds including that the motion is untimely, does not include the required attorney affidavit of fault, the attorney is covering up for the client and other grounds. The sample on which this preview is based is 12 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a sample declaration.
Sample California motion to vacate judgment and enter different judgment unde...LegalDocsPro
This sample motion to set aside and vacate judgment and enter another and different judgment for California is made under Code of Civil Procedure section 663 on the grounds that the judgment is based on an incorrect or erroneous legal basis that is not consistent with or not supported by the facts or a judgment or decree is not consistent with or not supported by the special verdict. The sample document on which this preview is based is 15 pages and contains brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a proof of service by mail.
Sample California motion to strike complaintLegalDocsPro
This sample motion to strike portions of a complaint for California was created by a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years.
Sample California demurrer to complaint for breach of contractLegalDocsPro
This sample California demurrer to a complaint for breach of contract and common counts is made on the grounds that the causes of action fail to state sufficient facts as it cannot be ascertained whether any contract was written, oral or implied by conduct, no contract is attached and on other grounds as well. This is a preview of the 12 page sample sold on scribd.com by LegalDocsPro which includes a memorandum of points and authorities with citations to case law and statutory authority and a proof of service by mail.
Sample motion to vacate judgment for fraud on the court under rule 60(d)(3)LegalDocsPro
This sample motion to vacate a judgment for fraud on the Court is made pursuant to Rule 60(d)(3) of the Federal Rules of Civil Procedure on the grounds that a judgment was obtained through fraud on the Court, The sample can be used in any Distsrict Court within the jurisdiction of the Ninth Circuit Court of Appeals. The sample on which this preview is based is 9 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, a sample declaration and proof of service by mail. The author is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995.
Sample opposition to order to show cause for civil contempt in CaliforniaLegalDocsPro
This sample opposition to an order to show cause for civil contempt in California is made on the grounds that (1) the opposing party has not willfully violated the terms of any Court orders, (2) the party charging them with contempt has failed to meet their burden of proving their guilt beyond a reasonable doubt in that they have failed to submit competent evidence that would support a finding that they willfully violated the TRO, which is an essential element of a finding of contempt. The sample opposition also requests that the Court hold a full and fair evidentiary hearing in which they are allowed to confront and cross-examine all witnesses against them. The sample on which this preview is based is 10 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service. The author is a legal entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample california demand for copies of pleadingsLegalDocsPro
This sample demand for copies of pleadings in California is used when a party has just filed an appearance in a case, and wants to request that all oher parties, particularly all adverse parties, to serve them with copies of all pleadings, including motions and discovery requests and responses served in the case prior to their appearance. The demand is made pursuant to Code of Civil Procedure Section 465.
Sample opposition to motion to vacate in California with an attorney affidavi...LegalDocsPro
This sample opposition to California motion to vacate judgment with an attorney affidavit of fault is used to oppose a motion made under the mandatory attorney affidavit of fault provisions of Code of Civil Procedure section 473(b) on several grounds including that the motion is untimely, does not include the required attorney affidavit of fault, the attorney is covering up for the client and other grounds. The sample on which this preview is based is 12 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a sample declaration.
Sample California motion to vacate judgment and enter different judgment unde...LegalDocsPro
This sample motion to set aside and vacate judgment and enter another and different judgment for California is made under Code of Civil Procedure section 663 on the grounds that the judgment is based on an incorrect or erroneous legal basis that is not consistent with or not supported by the facts or a judgment or decree is not consistent with or not supported by the special verdict. The sample document on which this preview is based is 15 pages and contains brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a proof of service by mail.
Sample California motion to vacate order of dismissalLegalDocsPro
This sample motion to vacate order of dismissal in California is made under Code of Civil Procedure section 473 on the grounds that the order of dismissal was taken against the moving party through their mistake and inadvertence. The sample on which this preview is based is 13 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declarations and a proof of service by mail.
Sample motion to dismiss adversary complaint under rule12(b)(6)LegalDocsPro
This sample motion to dismiss an adversary complaint for fraud is made under Rule 12(b)(6) on the grounds that the complaint does not state a claim for relief, in the alternative the motion also requests a more definite statement. The sample contains a memorandum of points and authorities with citations to case law and statutory authority. This is a preview of the sample motion sold by LegalDocsPro.
Sample California motion for reconsideration under Code of Civi Procedure sec...LegalDocsPro
This sample motion for reconsideration for California is made pursuant to Code of Civil Procedure section 1008(a) on the grounds that the motion for reconsideration should be granted due to new or different facts, circumstances or law discovered since the date of the order for which reconsideration is being requested. The sample on which this preview is based is 9 pages and includes brief instructions, a memorandum of points and authorities, a sample declaration and proof of service by mail. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 235 sample legal documents.
Sample california demurrer to fraud complaintLegalDocsPro
This sample California demurrer to a fraud complaint is made under Code of Civil Procedure section 430.10(e) on the grounds that the fraud cause of action fails to state facts sufficient to constitute a cause of action for fraud in that it does not meet the particularity requirements for a fraud cause of action.
The sample on which this preview is based is 10 pages and includes a memorandum of points and authorities with citations to case law and statutory authority and a proof of service by mail. The sample is sold on scribd.com by LegalDocsPro.
Sample California motion for attorney fees after judgmentLegalDocsPro
This sample motion for attorney fees after judgment in California is used to request an award of attorney's fees and costs after judgment. The sample can be modified for use in most situations. The sample on which this preview is based is 11 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, a sample declaration and proof of service by mail.
Sample plaintiffs opposition to motion for judgment on the pleadings in Calif...LegalDocsPro
This sample Plaintiffs opposition to a motion for judgment on the pleadings in California is filed on the grounds that (1) the complaint does state valid causes of action and (2) that Defendants demurrer is without merit. The sample opposition on which this preview is based is 9 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and proof of service. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample motion for consolidation of cases in CaliforniaLegalDocsPro
This sample motion for consolidation of multiple cases in California is filed pursuant to Code of Civil Procedure section 1048(a) to request consolidation of two or more cases. The motion is used by a party who is requesting that a Court consolidate two or more cases on the grounds that consolidation of the cases is warranted in that all of the cases arise out of the same set of operative facts and contain common issues and further that consolidation of all of the cases will avoid unnecessary duplication of evidence and procedures in all of the actions; avoid the risk of inconsistent adjudications and avoid many of the same witnesses testifying on common issues in all actions as well as promote judicial economy and convenience. The sample on which this preview is based can be easily modified for use in cases where complete consolidation is requested or where consolidation is requested only for purposes of trial and is 19 pages including brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration, proof of service by mail and proposed order. The author is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 250 sample legal documents for sale.
Sample California motion to strike for unlawful detainer (eviction) complaintLegalDocsPro
This sample California motion to strike an unlawful detainer (eviction) complaint is used when the plaintiff has not verified the complaint, or is requesting rent or damages they are not entitled to. The sample on which this preview is based is 11 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a proof of service by mail. The sample document is sold on scribd.com by LegalDocsPro.
Sample opposition to California motion for leave to amendLegalDocsPro
This sample opposition to California motion for leave to amend is used when a party wishes to oppose the request of another party for leave to amend their pleading such as an answer or complaint on the grounds of lack of diligence, long unexplained delay and prejudice. The sample on which this preview is based is 9 pages long and includes brief instructions, a memorandum of points and authorities with citations to case law supporting the opposition, sample declaration and proof of service by mail. The author is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995.
Sample stipulation and order to vacate judgment in CaliforniaLegalDocsPro
This sample stipulation and order to vacate judgment in California can be used when the plaintiff and defendant agree to vacate the default and judgment so that the defendant can file an answer to the complaint. The author of this sample document has worked as a freelance paralegal in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.
Sample California motion to strike answer LegalDocsPro
This sample motion to strike an answer to a complaint for California is made pursuant to Sections 435-437 of the Code of Civil Procedure. The sample requests that the entire answer be stricken as it is not verified, or in the alternative that all of the affirmative defenses contained in the answer should be stricken as they contain only immaterial allegations. The sample contains brief instructions, a memorandum of points and authorities and a proof of service by mail.
Sample motion to vacate judgment under Rule 60(b)(3) in United States Distric...LegalDocsPro
This sample motion to vacate a judgment in United States District Court is filed pursuant to Federal Rule of Civil Procedure 60(b)(3) on the grounds of fraud, misrepresentation, or other misconduct of an adverse party which prevented the moving party from fairly presenting their case. The sample on which this preview is based is 11 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail. The author is a freelance paralegal who has worked in California and Federal litigation since 1995.
Sample California motion for change of venue LegalDocsPro
This sample motion for change of venue for California is used when a defendant wants the Court to transfer the venue to their county of residence. The sample contains a memorandum of points and authorities with citations to case law and statutory authority. This is a preview of the sample motion sold by LegalDocsPro.
California Discovery Law: Why Requests for Production of Documents may not be...Scott A McMillan
Under California Discovery Law, requests for production of documents and special interrogatories serve separate purposes. It is improper to pose document requests in contention form.
Sample meet and confer declaration for motion for judgment on the pleadings i...LegalDocsPro
This sample meet and confer declaration for a motion for judgment on the pleadings in California is filed pursuant to the new meet and confer requirement found in Code of Civil Procedure section 439(a). This declaration can be used to demonstrate compliance with the new meet and confer requirement before filing a motion for judgment on the pleadings in California that just became effective on January 1, 2018. The sample is 5 pages and includes brief instructions, sample wording and a proof of service by mail. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample California motion to bifurcate marital statusLegalDocsPro
This sample points and authorities in support of a motion to bifurcate marital status in California is filed under the provisions of Family Code section 2337 and is used when a party is requesting an early and separate trial on the issue of dissolution of marital status, the sample also requests an early and separate trial on other issues as well pursuant to California Rule of Court 5.390(b). The sample on which this preview is based is 8 pages and contains brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a sample declaration. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 245 sample legal documents.
Sample motion to suppress evidence for CaliforniaLegalDocsPro
This sample motion to suppress evidence for California is made pursuant to Penal Code § 1538.5 to suppress evidence on the grounds that the evidence obtained was the result of a search and seizure conducted without a valid search warrant or probable cause, and without defendant’s consent. The sample document on which this preview is based is 9 pages and includes a memorandum of points and authorities with citations to case law and statutory authority, a sample declaration and proof of service by mail.
Sample opposition to rule 60(b)(1) motion to vacate judgment in United States...LegalDocsPro
This sample opposition to motion to vacate a judgment under Rule 60(b)(1) of the Federal Rules of Civil Procedure in United States District Court is filed on the grounds that the motion is untimely as the moving party delayed in filing the motion, culpable conduct by the moving party resulted in the judgment, no meritorious defense is shown and the opposing party would suffer prejudice if the judgment were set aside and other grounds. The sample can be modified for use in most situations and is 10 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail.
Sample California opposition to anti-SLAPP motion LegalDocsPro
This sample opposition to a special motion to strike or anti-SLAPP motion in California is designed to oppose a special motion to strike on the grounds (1) that it is untimely in that it was filed more than 60 days after service of the summons and complaint in violation of Code of Civil Procedure section 425.16(f); (2) defendant has failed to meet their burden of making a threshold showing that the challenged causes of action are ones arising from protected activity and (3) the motion should be denied as Plaintiff can show a reasonable probability of prevailing on their causes of action. The sample on which this preview is based is 13 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service.
Sample motion to vacate California divorce judgment for fraud and perjuryLegalDocsPro
This sample motion to vacate a dissolution (divorce) judgment in California on the grounds of fraud and perjury is filed pursuant to the provisions of California Family Code sections 2122(a) and (b). This sample can also be used to vacate a legal separation or nullity judgment in California as well. The sample on which this preview is based is 10 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a sample declaration.
Loughman v EQT - Decision Rejecting Landowner Request to Sever Production Lea...Marcellus Drilling News
A case in which a Greene County, PA landowner requested the court sever production rights under a lease from storage right. The landowners say EQT never produced oil/gas from the property, and lack of production cancels that portion of the lease. PA Superior Court said no, the two are together in the same lease and one OR the other is enough to keep the lease enforceable.
Sample California motion to vacate order of dismissalLegalDocsPro
This sample motion to vacate order of dismissal in California is made under Code of Civil Procedure section 473 on the grounds that the order of dismissal was taken against the moving party through their mistake and inadvertence. The sample on which this preview is based is 13 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declarations and a proof of service by mail.
Sample motion to dismiss adversary complaint under rule12(b)(6)LegalDocsPro
This sample motion to dismiss an adversary complaint for fraud is made under Rule 12(b)(6) on the grounds that the complaint does not state a claim for relief, in the alternative the motion also requests a more definite statement. The sample contains a memorandum of points and authorities with citations to case law and statutory authority. This is a preview of the sample motion sold by LegalDocsPro.
Sample California motion for reconsideration under Code of Civi Procedure sec...LegalDocsPro
This sample motion for reconsideration for California is made pursuant to Code of Civil Procedure section 1008(a) on the grounds that the motion for reconsideration should be granted due to new or different facts, circumstances or law discovered since the date of the order for which reconsideration is being requested. The sample on which this preview is based is 9 pages and includes brief instructions, a memorandum of points and authorities, a sample declaration and proof of service by mail. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 235 sample legal documents.
Sample california demurrer to fraud complaintLegalDocsPro
This sample California demurrer to a fraud complaint is made under Code of Civil Procedure section 430.10(e) on the grounds that the fraud cause of action fails to state facts sufficient to constitute a cause of action for fraud in that it does not meet the particularity requirements for a fraud cause of action.
The sample on which this preview is based is 10 pages and includes a memorandum of points and authorities with citations to case law and statutory authority and a proof of service by mail. The sample is sold on scribd.com by LegalDocsPro.
Sample California motion for attorney fees after judgmentLegalDocsPro
This sample motion for attorney fees after judgment in California is used to request an award of attorney's fees and costs after judgment. The sample can be modified for use in most situations. The sample on which this preview is based is 11 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, a sample declaration and proof of service by mail.
Sample plaintiffs opposition to motion for judgment on the pleadings in Calif...LegalDocsPro
This sample Plaintiffs opposition to a motion for judgment on the pleadings in California is filed on the grounds that (1) the complaint does state valid causes of action and (2) that Defendants demurrer is without merit. The sample opposition on which this preview is based is 9 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and proof of service. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample motion for consolidation of cases in CaliforniaLegalDocsPro
This sample motion for consolidation of multiple cases in California is filed pursuant to Code of Civil Procedure section 1048(a) to request consolidation of two or more cases. The motion is used by a party who is requesting that a Court consolidate two or more cases on the grounds that consolidation of the cases is warranted in that all of the cases arise out of the same set of operative facts and contain common issues and further that consolidation of all of the cases will avoid unnecessary duplication of evidence and procedures in all of the actions; avoid the risk of inconsistent adjudications and avoid many of the same witnesses testifying on common issues in all actions as well as promote judicial economy and convenience. The sample on which this preview is based can be easily modified for use in cases where complete consolidation is requested or where consolidation is requested only for purposes of trial and is 19 pages including brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration, proof of service by mail and proposed order. The author is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 250 sample legal documents for sale.
Sample California motion to strike for unlawful detainer (eviction) complaintLegalDocsPro
This sample California motion to strike an unlawful detainer (eviction) complaint is used when the plaintiff has not verified the complaint, or is requesting rent or damages they are not entitled to. The sample on which this preview is based is 11 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a proof of service by mail. The sample document is sold on scribd.com by LegalDocsPro.
Sample opposition to California motion for leave to amendLegalDocsPro
This sample opposition to California motion for leave to amend is used when a party wishes to oppose the request of another party for leave to amend their pleading such as an answer or complaint on the grounds of lack of diligence, long unexplained delay and prejudice. The sample on which this preview is based is 9 pages long and includes brief instructions, a memorandum of points and authorities with citations to case law supporting the opposition, sample declaration and proof of service by mail. The author is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995.
Sample stipulation and order to vacate judgment in CaliforniaLegalDocsPro
This sample stipulation and order to vacate judgment in California can be used when the plaintiff and defendant agree to vacate the default and judgment so that the defendant can file an answer to the complaint. The author of this sample document has worked as a freelance paralegal in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.
Sample California motion to strike answer LegalDocsPro
This sample motion to strike an answer to a complaint for California is made pursuant to Sections 435-437 of the Code of Civil Procedure. The sample requests that the entire answer be stricken as it is not verified, or in the alternative that all of the affirmative defenses contained in the answer should be stricken as they contain only immaterial allegations. The sample contains brief instructions, a memorandum of points and authorities and a proof of service by mail.
Sample motion to vacate judgment under Rule 60(b)(3) in United States Distric...LegalDocsPro
This sample motion to vacate a judgment in United States District Court is filed pursuant to Federal Rule of Civil Procedure 60(b)(3) on the grounds of fraud, misrepresentation, or other misconduct of an adverse party which prevented the moving party from fairly presenting their case. The sample on which this preview is based is 11 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail. The author is a freelance paralegal who has worked in California and Federal litigation since 1995.
Sample California motion for change of venue LegalDocsPro
This sample motion for change of venue for California is used when a defendant wants the Court to transfer the venue to their county of residence. The sample contains a memorandum of points and authorities with citations to case law and statutory authority. This is a preview of the sample motion sold by LegalDocsPro.
California Discovery Law: Why Requests for Production of Documents may not be...Scott A McMillan
Under California Discovery Law, requests for production of documents and special interrogatories serve separate purposes. It is improper to pose document requests in contention form.
Sample meet and confer declaration for motion for judgment on the pleadings i...LegalDocsPro
This sample meet and confer declaration for a motion for judgment on the pleadings in California is filed pursuant to the new meet and confer requirement found in Code of Civil Procedure section 439(a). This declaration can be used to demonstrate compliance with the new meet and confer requirement before filing a motion for judgment on the pleadings in California that just became effective on January 1, 2018. The sample is 5 pages and includes brief instructions, sample wording and a proof of service by mail. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample California motion to bifurcate marital statusLegalDocsPro
This sample points and authorities in support of a motion to bifurcate marital status in California is filed under the provisions of Family Code section 2337 and is used when a party is requesting an early and separate trial on the issue of dissolution of marital status, the sample also requests an early and separate trial on other issues as well pursuant to California Rule of Court 5.390(b). The sample on which this preview is based is 8 pages and contains brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a sample declaration. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 245 sample legal documents.
Sample motion to suppress evidence for CaliforniaLegalDocsPro
This sample motion to suppress evidence for California is made pursuant to Penal Code § 1538.5 to suppress evidence on the grounds that the evidence obtained was the result of a search and seizure conducted without a valid search warrant or probable cause, and without defendant’s consent. The sample document on which this preview is based is 9 pages and includes a memorandum of points and authorities with citations to case law and statutory authority, a sample declaration and proof of service by mail.
Sample opposition to rule 60(b)(1) motion to vacate judgment in United States...LegalDocsPro
This sample opposition to motion to vacate a judgment under Rule 60(b)(1) of the Federal Rules of Civil Procedure in United States District Court is filed on the grounds that the motion is untimely as the moving party delayed in filing the motion, culpable conduct by the moving party resulted in the judgment, no meritorious defense is shown and the opposing party would suffer prejudice if the judgment were set aside and other grounds. The sample can be modified for use in most situations and is 10 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail.
Sample California opposition to anti-SLAPP motion LegalDocsPro
This sample opposition to a special motion to strike or anti-SLAPP motion in California is designed to oppose a special motion to strike on the grounds (1) that it is untimely in that it was filed more than 60 days after service of the summons and complaint in violation of Code of Civil Procedure section 425.16(f); (2) defendant has failed to meet their burden of making a threshold showing that the challenged causes of action are ones arising from protected activity and (3) the motion should be denied as Plaintiff can show a reasonable probability of prevailing on their causes of action. The sample on which this preview is based is 13 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service.
Sample motion to vacate California divorce judgment for fraud and perjuryLegalDocsPro
This sample motion to vacate a dissolution (divorce) judgment in California on the grounds of fraud and perjury is filed pursuant to the provisions of California Family Code sections 2122(a) and (b). This sample can also be used to vacate a legal separation or nullity judgment in California as well. The sample on which this preview is based is 10 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a sample declaration.
Loughman v EQT - Decision Rejecting Landowner Request to Sever Production Lea...Marcellus Drilling News
A case in which a Greene County, PA landowner requested the court sever production rights under a lease from storage right. The landowners say EQT never produced oil/gas from the property, and lack of production cancels that portion of the lease. PA Superior Court said no, the two are together in the same lease and one OR the other is enough to keep the lease enforceable.
"...the proposed order assumes the entry of the Court’s tentative order in its totality, which is inappropriate given the oral argument in this case on April 24, 2015, and intervening events since that time – including several reforms relating to family detention and the change in policy concerning the consideration of general deterrence as a factor in bond determinations (See ECF No. 164) – that may (and Defendants believe should) affect the content and/or ultimate disposition of the Court’s order such that the Court should rule in Defendants’ favor on the pending motions."
Evidence Code 1101b allows conduct of uncharged acts to be admitted as evidence. This article provides case law and how California Court of Appeal decisions address what requirements must be met to allow the admission of uncharged conduct to be admitted. Courtesy of Darren Chaker
J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER
ORDER MOTION TO COMPEL Doc.90 05-10-2016
READS and part:After discussing these issues with Plaintiff and Defendants’ counsel, and in part with Defendants’ counsel’s consent, the motion to compel is GRANTED in part and it is hereby
ORDRED that:
(1) Defendants shall produce a digital log of the history of the videos as well as relevant metadata for each video that may indicate the identity of the officer who was wearing the camera and any other relevant information, such as the time, date, and location of the video’s creation.
(2) Defendants shall produce an affidavit from Captain Haley stating whether any of the interviews he conducted with Plaintiff were not recorded and, if not, explaining why any interview was not recorded.
(3) Defendants shall produce any written reports prepared by the officers in attendance at the execution of the search warrant. If any officers did not prepare a written report, Defendants have agreed to provide an affidavit stating which officers did not prepare reports. If any officers were not wearing a body camera at the time of the execution of the warrant, Defendants will include this fact in the affidavit and state which officers had no cameras.
(4) Plaintiff may re-issue his subpoena to Taser, International. This new subpoena shall be limited in scope to the date and time of the execution of the warrant and to the named defendant officers who were present during the search of Plaintiff’s residence. Plaintiff shall not include any request for any video footage from Captain Haley in this subpoena.
Defendants are to comply with the terms of this order within 21 days of the date of this order.
Any other relief requested in Plaintiff’s motions to compel is DENIED.
The Clerk is directed to mail a copy of this order to the pro se plaintiff at his address of
record.
It is so ORDERED.
Entered: May 5, 2016
Lawweb.in judgment of us district court on motion for a negative inference ba...Law Web
Judgment of US District court on motion for a Negative Inference Based upon Plaintiff’s Alleged Deletion of Emails - See more at: http://www.lawweb.in/2016/04/judgment-of-us-district-court-on-motion.html?#sthash.T5WQGg2Q.dpuf
Online version black and white motion practice in criminal trials power point...jjohnsebastianattorney
J John Sebastian Attorney Lawyer J John Sebastian Attorney Lawyer J John Sebastian Attorney Lawyer J John Sebastian Attorney Lawyer J John Sebastian Attorney Lawyer J John Sebastian Attorney Lawyer J John Sebastian Attorney Lawyer
Indiana Governor Eric Holcomb files an appeal in a case where a Marion County Judge ruled state lawmakers do have the ability to call themselves into special session.
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Pitchess motion belvin
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DEFENDANT’S MOTION FOR PRE-TRIAL DISCOVERY (PITCHESS/BRADY)
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RUTH C. ROSE, ESQ. #145887
433 N. CAMDEN DRIVE, SUITE 600
BEVERLY HILLS, CA. 90210
(323) 458-3107
Attorney for Belvin Pugh
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
THE PEOPLE OF THE STATE OF
CALIFORNIA,
Plaintiff,
v.
01 BELVIN PUGH (01/15/1958),
Defendant.
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Case No.: 09 MP 12127
DEFENDANT BELVIN PUGH’S NOTICE
OF MOTION AND MOTION FOR PRE-
TRIAL DISCOVERY (PITCHESS /
BRADY); MEMORANDUM OF POINTS
AND AUTHORITIES; DECLARATION
OF RUTH C. ROSE
DATE: January 19, 2010
TIME: 8:30 a.m.
DEPT: 73
TO: J. A. FARROW, COMMISSIONER OF THE CALIFORNIA LOS ANGELES
SHERIFF DEPARETMENT AND HIS DESIGNATED REPRESENTATIVES IN THE
SOUTHERN DIVISION AND CENTRAL AREA:
PLEASE TAKE NOTICE that on the January 19, 2009, at 8:30 a.m.in Department 73 of
the above-entitled court, the defendant will move for an order directing each of you to make
available the materials herein described to defendant's attorney:
(1) All complaints from any and all sources relating to acts of violation of constitutional
rights, fabrication of charges, fabrication of evidence, fabrication of reasonable suspicion and/or
probable cause, illegal search/seizure; false arrest, perjury, dishonesty, writing of false police
reports, false or misleading internal reports including but not limited to false overtime or medical
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DEFENDANT’S MOTION FOR PRE-TRIAL DISCOVERY (PITCHESS/BRADY)
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reports, and any other evidence of misconduct amounting to moral turpitude within the meaning of
People v. Wheeler (1992) 4 Cal.4th 284 against deputy Clotworthy (#475112) and Sergeant Smith
(#420007). Defendant specifically requests production of the names, addresses, dates of birth, and
telephone numbers of all persons who filed complaints, who may be witnesses, and/or who were
interviewed by investigators or other personnel from the California Highway Patrol, the dates and
locations of the incidents complained of, as well as the date of the filing of such complaints.
(2) The defendant is entitled to discovery of any discipline imposed upon the named officer(s) as
a result of the investigation of any citizen complaint described in items one. (City of San Jose v.
Superior Court (Michael B.) (1993) 5 Cal.4th 47.)
(3) Any other material which is exculpatory or impeaching within the meaning of Brady v.
Maryland (1963) 373 U.S. 83. Evidence is favorable and must be disclosed if it will either help the
defendant or hurt the prosecution. (People v. Coddington (2000) 23 Cal.4th 529, 589, overruled on
other grounds in Price v. Superior Court (2001) 25 Cal.4th 1046, 1069, fn. 13.).) The California
Supreme Court specifically empowered trial courts to examine police personnel files for Brady material
which is discoverable without regard to the five-year limitation applicable to Pitchess discovery. (City of
Los Angeles v. Superior Court (Brandon) (2001) 29 Cal.4th 1, Abatti v. Superior Court (2003) 112
Cal.App.4th 39, 52-56.)
(4) The names, addresses, contact information, and transcripts of testimony of all persons who
testified at Civil Service Commission hearings wherein the named officer(s) were accused of any of the
misconduct sought in items 1and 3, above. Copies of evidence, including but not limited to all writings,
audio tapes and video tapes, submitted to the Civil Service Commission (where practical) and/or a list of
evidence items submitted to the Commission or the Hearing Officer. In addition, deliver all findings,
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DEFENDANT’S MOTION FOR PRE-TRIAL DISCOVERY (PITCHESS/BRADY)
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rulings, and statements made by the Commission, its members, and its hearing officer(s) relevant to the
discipline of the named officers.
(5) The statements of all police officers who are listed as either complainants or witnesses within
the meaning of items 1 and 3, above.
This motion will be based upon this Notice, the declaration of counsel, attached points and
authorities, and such additional evidence and arguments as may be presented at the hearing.
In People v. Mooc (2001) 26 Cal.4th 1216, the California Supreme Court set forth procedures
which must be followed in every case in which a trial court conducts an in camera review.
The custodian of records must present to the court all Apotentially relevant@ documents. If the
custodian has a question whether a particular document is relevant, it should be presented for the court’s
review. The trial court must make a record of all documents examined by the court. If the documents
are not voluminous, the court can copy them and place them in a confidential file; the court can prepare
a list, log, or index of all the documents reviewed, or the court may state for the record what documents
have been examined.
The custodian of records must be examined under oath and with a court reporter taking down all
the questions and answers regarding the documents the custodian has reviewed and presented or chosen
not to present to the court. The custodian of records must tell the court for the record what other
documents not presented to the court were included in the complete personnel record and why those
were deemed irrelevant or otherwise non-responsive to the Pitchess motion.
Dated: LAW OFFICE OF RUTH C. ROSE
_______________________
Ruth C. Rose, Esq. Attorney
for Defendant, BELVIN PUGH
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DEFENDANT’S MOTION FOR PRE-TRIAL DISCOVERY (PITCHESS/BRADY)
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MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION
FOR PRETRIAL DISCOVERY (PITCHESS / BRADY)
I. STATEMENT OF THE CASE
Defendant has been charged in the instant case with violations of Vehicle Code Sections
23152(a) & 23152(b). Defendant has pleaded not guilty to the charges.
II. STATEMENT OF RELEVANT FACTS
Defendant Belvin Pugh (Hereafter “PUGH”) was arrested by police for driving under the
influence on November 10, 2013.
The arresting officers contend that PUGH’S was driving while under the influence of alcohol,
that PUGH was approached by deputy CLOTWORTHY while she was standing on the side of the road,
that defendant was giving several field sobriety test and refused to take others.
Defendant PUGH denies the facts as related by the officer. PUGH denies that she was driving
the vehicle on 11/10/2013, and contends that deputy CLOTWORTHY made false statement as to
defendant’s admission that she was deriving the vehicle on 11/10/2013. PUGH denies that she was in
the #6 lane going 65 mph and contends that she was in the lane for the exit to Soto St. significantly
slower than 65mph. PUGH denies that CLOTWORTHY approached her while she was standing on the
side of the highway, she contends that she was immobilized after the accident until the paramedics
moved her. PUGH denies that she was transported to LA County Hospital, and contends that she was,
in fact, transported to White Memorial Hospital. PUGH denies that she blew once into the PAS at the
hospital, but contends that she blew at least 5 times and was informed that none of the samples was
sufficient. PUGH denies that she has suffered 2 previous DUIS, in fact she has not.
III. ARGUMENT
1. DEFENDANT IS ENTITLED TO DISCOVERY OF COMPLAINTS AGAINST THE
OFFICERS IN THIS CASE.
The California Supreme Court has ruled that the basic principle underlying defense discovery in
a criminal case stems from the Afundamental proposition that [an accused] is entitled to a fair trial and
an intelligent defense in light of all relevant and reasonable accessible information.” (Pitchess v.
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Superior Court (1974) 11 Cal.3d 531, 535.) Pitchess made it clear that “an accused. . . may compel
discovery by demonstrating that the requested information will facilitate the ascertainment of the facts
and a fair trial. (City of Santa Cruz v. Municipal Court (1989) 49 Cal.3d. 74, 84.)
These fundamental principles have been applied by the California Supreme Court to allow
criminal defendants to discover police personnel records. (City of Santa Cruz, supra, 49 Cal.3d at p.
84). The Legislature codified these discovery rules (as they relate to police personnel records) in
Evidence Code sections 1043 to 1047.
In Warrick, the California Supreme Court plainly set forth the low showing a defendant must
make in order to obtain an in camera review of police personnel records. AWe hold that to obtain in-
chambers review a defendant need only demonstrate that the scenario of alleged officer misconduct
could or might have occurred. Warrick v. Superior Court (2005) 35 Cal.4th 1011, 1016, emphasis
added.) A simple (uncorroborated) denial of the facts asserted in the police report is a sufficient
showing by defendant. Id. at 1024-1025.)
In this case, the officers have put forth one version of what happened, a version that would
support probable cause. The defendant contends that something different happened. In the defendant’s
scenario, probable cause would not have been established by the officers.
In other words, Defendant denies the allegations in the police report. Evidence of complaints
against the officer of falsifying probable cause or facts can be used to impeach the officer’s credibility.
Therefore, the Court must conduct an in-camera review of the officer’s file.
2. DEFENDANT IS ENTITLED TO DISCOVERY OF CIVIL SERVICE COMMISSION
INFORMATION
In Copley Press v. Superior Court (2006) 39 Cal.4th 1272, the California Supreme Court held
that every aspect of a police officer=s administrative appeal remains secret, including even the officer=s
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name. As a result of the Copley decision it would appear that Board of Rights and Civil Service
Commission records may only be obtained through Pitchess or Brady discovery. For the purpose of
applying the confidentiality provisions of Penal Code section 832.5, the Civil Service Commission
functions as part of a department or agency that employs peace officers.
3. EVIDENCE OF THE POLICE OFFICER’S MORALLY TURPITUDINOUS
BEHAVIOR IS DISCOVERABLE.
There can be no doubt that Pitchess discovery includes discovery of an officer’s morally
turpitudinous conduct. People v. Hustead (1999) 74 Cal.App.4th 410, 417.
“Statutory prohibitions on impeachment with conduct evidence other than felony convictions
(see Evid. Code, '' 787, 788) no longer apply in criminal cases.@ People v. Wheeler (1992) 4 Cal.4th
284, 291-292.
4. DEFENDANT IS ENTITLED TO DISCOVER ALL EVIDENCE THAT HELPS HIS
CASE OR HURTS THE PROSECUTIONS CASE.
The prosecutor in a criminal case has the absolute, non-delegable duty to provide the defense
with exculpatory information pursuant to the United States Supreme Court=s decision in Brady v.
Maryland (1963) 373 U.S. 83. Brady obligations are self-executing and the prosecutor has a duty to
learn of any favorable evidence known to others acting on the government=s behalf, including the
police. Kyles v. Whitley (1995) 514 U.S. 419, 437.
5. STATEMENTS OF WITNESSES AND COMPLAINANTS SHOULD ALSO BE
DISCLOSED NOW RATHER THAN MAKE DEFENDANT GO THROUGH THE
FUTILE REQUIREMENT TO CONTACT OTHER OFFICERS ONLY TO HAVE
THEM REFUSE TO SPEAK WITH THE DEFENSE.
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The law abhors idle acts, never requires impossibilities, and respects form less than substance.
Cal. Civ. Code Sec. 3531, 3528 (2009). “The law does not require useless acts from litigants as
prerequisites to seeking relief from the courts.” Van Gammeren v. Fresno (1942) 51 Cal.App.2d 235.
It is a colossal waste of time to require the defense to seek out police officers for interviews just
to be able to come back to the court to say we’ve gone through this futile exercise, the police won’t talk
to us, now can we have the officers’ statements. The defense should not have to perform such an idle
act and the police statements should be disclosed now.
IV. CONCLUSION
For the reasons stated above, that defendant is entitled to in camera review of the officer’s files,
the Court should grant this pre-trial discovery motion.
Respectfully submitted,
Dated: LAW OFFICE OF RUTH C. ROSE
_______________________
Ruth C. Rose, Esq. Attorney
for Defendant, BELVIN PUGH
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DECLARATION OF EDWARD J. BLUM IN SUPPORT
OF MOTION FOR PRETRIAL DISCOVERY
I, EDWARD J. BLUM, declare:
1. I am attorney of record for defendant in the instant case. If called upon to testify I could and
would do so competently.
2. People, including arrestees, police officers, police supervisors, and private citizens, make
complaints to police departments concerning law enforcement officers. The complainants make a
variety of allegations, including charges that the officers used excessive force, displayed aggressive
conduct, or engaged in violence; displayed homosexual bias; displayed bigotry and prejudice, including
making racial slurs; fabricated probable cause; planted evidence; covered up the use of excessive force;
were biased in a manner affecting the officer=s credibility and/or judgment; coerced a confession,
falsified a Miranda warning, or fabricated a confession or admission; illegally searched or seized a
person; and engaged in acts of dishonesty and/or moral turpitude.
3. Police departments make and keep written, taped, and computerized records of complaints,
and such records are kept in the personnel files or other files maintained by the department. Police
departments will investigate these complaints. Investigators conduct correspondence with or interview
witnesses and other people and make notes, memoranda, and recordings of conversations in connection
with their investigations. The investigators prepare and file reports, findings, opinions, and conclusions
concerning their investigations. Disciplinary proceedings may be commenced or taken as a result of
these complaints and investigations.
4. Police departments keep in their files notes, findings, memoranda, recordings, reports,
transcripts, opinions, and conclusions of the investigations made and of the disciplinary proceedings
commenced or taken as the result of those complaints. Those files contain the names, addresses,
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telephone numbers, and statements of people interviewed during such investigations and during the
disciplinary proceedings commenced or taken as the result of such complaints. The files may also
contain diagrams, photographs, police reports, audio tapes, video tapes, and an assortment of writings
documenting the investigations undertaken in response to a complaint or inquiry.
5. The materials described in the Notice of Motion for Pretrial Discovery are contained in the
personnel files of the specified police officers and those files are in the possession and control of the
named police department. The materials contained in these personnel files will not be made available to
defendant or counsel except upon order of this court.
6. It is necessary that these materials be made available to the defendant in order to
properly prepare this case for motions and trial. The requested discovery is material and relevant to the
trial of this case (as well as any motions) and is necessary for the defense preparation for the following
reasons:
7. I am informed and believe that Defendant PUGH denies the facts as related by the
officer. PUGH denies that the collision was on the I-10 at Indiana St. and contends that the collision
was on the 101/5/10 connector at the Soto St. exit. PUGH denies that she was in the #6 lane going 65
mph and contends that she was in the lane for the exit to Soto St. significantly slower than 65mph.
PUGH denies that CLOTWORTHY approached her while she was standing on the side of the highway,
she contends that she was immobilized after the accident until the paramedics moved her. PUGH denies
that she was transported to LA County Hospital, and contends that she was, in fact, transported to White
Memorial Hospital. PUGH denies that she blew once into the PAS at the hospital, but contends that she
blew at least 5 times and was informed that none of the samples was sufficient. PUGH denies that she
has suffered 2 previous DUIS, in fact she has not.
8. These materials would be used by the defense to locate witnesses to testify that the officer has
a character trait, habit, and custom of engaging in misconduct of the type alleged in this case. These
witnesses would also testify to specific instances of misconduct of the type alleged in this case.
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9. This evidence would be admissible and relevant to show the officer(s) have a propensity to
engage in the alleged misconduct, and that the officer(s) engaged in such misconduct in this case.
10. Such information would also be used by the defense to effectively cross-examine the officer
at trial, and for impeachment purposes where appropriate. Additionally, such information would be
used by the defense in the discovery of other admissible evidence.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct. Executed this 16th
day of December 2009, at Los Angeles, California.
Dated: LAW OFFICE OF RUTH C. ROSE
_______________________
Ruth C. Rose, Esq. Attorney
for Defendant, BELVIN PUGH
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DEFENDANT’S MOTION FOR PRE-TRIAL DISCOVERY (PITCHESS/BRADY)
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RUTH C. ROSE, ESQ. #145887
433 N. CAMDEN DRIVE, SUITE 600
BEVERLY HILLS, CA. 90210
(323) 458-3107
Attorney for Belvin Pugh
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES, METROLPOLITAN DISTRICT
THE PEOPLE OF THE STATE OF
CALIFORNIA,
Plaintiff,
v.
01 BELVIN PUGH (01/15/1958),
Defendant.
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Case No.: 09 MP 12127
(PROPOSED) ORDER GRANTING PRE-
TRIAL DISCOVERY (PITCHESS /
BRADY)
IT IS HEREBY ORDERED THAT the following items are to be delivered to Edward J. Blum,
Esq., counsel for Defendant MARGARITA PUGH, or his/her representative in Department 73 of this
Court, on or before the ____ day of _____________, 2009:
(1) All complaints from any and all sources relating to acts of violation of constitutional
rights, fabrication of charges, fabrication of evidence, fabrication of reasonable suspicion and/or
probable cause, illegal search/seizure; false arrest, perjury, dishonesty, writing of false police
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DEFENDANT’S MOTION FOR PRE-TRIAL DISCOVERY (PITCHESS/BRADY)
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reports, false or misleading internal reports including but not limited to false overtime or medical
reports, and any other evidence of misconduct amounting to moral turpitude within the meaning of
People v. Wheeler (1992) 4 Cal.4th 284 against Officer(s) D. CLOTWORTHY (#18400).
(2) Any discipline imposed upon the named officer(s) as a result of the investigation of any
citizen complaint described in items one.
(3) Any other material which is exculpatory or impeaching within the meaning of Brady v.
Maryland (1963) 373 U.S. 83. (Abatti v. Superior Court (2003) 112 Cal.App.4th 39, 52-56.)
(4) The names, addresses, contact information, and transcripts of testimony of all persons who
testified at Civil Service Commission hearings wherein the named officers were accused of any of the
misconduct sought in items 1and 3, above. Copies of evidence, including but not limited to all writings,
audio tapes and video tapes, submitted to the Civil Service Commission (where practical) and/or a list of
evidence items submitted to the Commission or the Hearing Officer. In addition, deliver all findings,
rulings, and statements made by the Commission, its members, and its hearing officer(s) relevant to the
discipline of the named officers.
(5) The statements of all police officers who are listed as either complainants or witnesses within
the meaning of items 1 and 3, above.
IT IS SO ORDERED.
Dated: _____________
_______________________
Judge of the Superior Court